North Carolina Administrative Code

13 NCAC 15 .0705 PASSENGER TRAMWAY INSPECTION FEE SCHEDULE History Note: Authority G.S. 95-107; 95-120(9); 95-121; Emergency Adoption Eff. September 19, 2005; Emergency Adoption Expired Eff. January 1, 2006; Eff. May 1, 2006; Pursuant to G.S. 150B-21.3A, rule is necessary without…

13 NCAC 15 .0706 ELEVATOR CERTIFICATE OF OPERATION REISSUANCE FEE History Note: Authority G.S. 95-107; 95-110.5; 95-110.6; Eff. July 1, 2007; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 5, 2016; Repealed Eff. July 7, 2025.

CHAPTER 16 - MIGRANT HOUSING SECTION .0100 - GENERAL 13 NCAC 16 .0101 PURPOSE This Chapter sets forth the rules of procedure for implementing G.S. 95, Article 19, Migrant Housing Act of North Carolina. History Note: Authority G.S. 95-4(2); 95-222; 95-224; 95-227; Eff. June 1, 199…

13 NCAC 16 .0102 FORMS History Note: Authority G.S. 95-227; 150B-11; Eff. June 1, 1991; Repealed Eff. July 1, 1998.

13 NCAC 16 .0103 DEFINITIONS The term "Department" shall mean the Department of Labor of North Carolina. History Note: Authority G.S. 95-4(2); Eff. July 1, 1998; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018.

SECTION .0200 - INSPECTIONS 13 NCAC 16 .0201 PREOCCUPANCY INSPECTIONS (a) Following the filing of an "application for inspection" by an operator, the Department shall contact the operator, at which time, the Department shall provide information regarding the inspection of the mig…

13 NCAC 16 .0202 MIGRANT HOUSING CERTIFICATE (a) If no violations are identified during the preoccupancy inspection, the Department shall issue a migrant housing certificate to the operator. (b) Upon notification of any violations, the operator shall correct the violation(s) and …

SECTION .0400 - ENFORCEMENT 13 NCAC 16 .0401 ENFORCEMENT INSPECTIONS Enforcement inspections shall be conducted in accordance with G.S. 95-227 and applicable 13 NCAC 7 rules. History Note: Authority G.S. 95-4(2); 95-227; Eff. July 1, 1998; Pursuant to G.S. 150B-21.3A, rule is nec…

13 NCAC 16 .0402 CITATIONS AND PENALTIES Pursuant to G.S. 95-227, citations and penalties for violating the provisions of this Chapter or G.S. 95, Article 19 shall be issued in accordance with G.S. 95-137 and G.S. 138(a). History Note: Authority G.S. 95-4(2); 95-227; Eff. July 1,…

SECTION .0500 - APPEALS 13 NCAC 16 .0501 APPEALING NON-ISSUANCE OF A MIGRANT HOUSING CERTIFICATE An operator who is denied a migrant housing certificate requested pursuant to G.S. 95-226 may, within 15 days of the denial, request that the Commissioner, or his designee, review the…

13 NCAC 16 .0502 APPEALING VIOLATIONS OF THIS CHAPTER AND/OR G.S. 95, ARTICLE 19 Citations and penalties issued pursuant to this Chapter may be contested in accordance with G.S. 95-137 as provided in G.S. 95-227. History Note: Authority G.S. 95-4(2); 95-227; Eff. July 1, 1998; Pu…

SECTION .0100 – PRIVATE PERSONNEL SERVICES REGULATIONS 13 NCAC 17 .0101 DEFINITIONS As used in G.S. 95, Article 5A and this Chapter, unless the context clearly requires otherwise: (1) "Accept an employer's offer of employment," as used in G.S. 95-47.1(1), means to consent orally …

13 NCAC 17 .0102 LICENSING PROCEDURES (a) Each application for a private personnel service license shall be made on forms prescribed and furnished by the Commissioner and shall contain the following information in addition to the information required by G.S. 95-47.2: (1) The prop…

13 NCAC 17 .0103 DURATION AND RENEWAL OF LICENSE (a) Period Issued. A license to operate a private personnel service shall be valid for one year from the date of issuance, which is the date that appears on the actual license. (b) Renewal: (1) At least 60 days prior to the date of…

13 NCAC 17 .0104 CHANGE OF PRIVATE PERSONNEL SERVICE STATUS (a) Change of Private Personnel Service Name: (1) Licensees desiring to change the name of their private personnel service must give the Commissioner 30 days advance written notice. (2) In addition, the licensee must obt…

13 NCAC 17 .0105 FEE REIMBURSEMENT This Rule addresses requests for fee reimbursement by an applicant who accepts employment, the compensation for which is based, in whole or in part, on commission and who pays a fee based on the commission-based earnings. (1) Complaints Against …

13 NCAC 17 .0106 JOB ORDERS (a) Bona Fide Job Order Required. No private personnel service shall offer or hold itself out as being able to secure a specific position of employment for an applicant without having a bona fide job order. A bona fide job order is one which: (1) Is re…

13 NCAC 17 .0107 CONTRACTS (a) Types of Contracts. There must be a contract for any service if a fee is charged to the applicant. An applicant may enter into either or both of the following types of contracts with a private personnel service: (1) A contract for employment placeme…

13 NCAC 17 .0108 RECORDS (a) Job Orders or Job Specifications. Every private personnel service shall maintain records of job orders or job specifications for two years from the date on which the job order was last verified. (b) Licensees Going Out of Business. If a licensee goes …

13 NCAC 17 .0109 ADVERTISING (a) Bona Fide Job Order Required. No licensee shall publish or cause to be published any advertisement soliciting persons to register for a specific job unless the licensee has on file a bona fide job order covering all known conditions of employment …

13 NCAC 17 .0110 PROHIBITED ACTS A private personnel service shall not engage in any of the following activities or conduct: (1) Accept an advance fee from an applicant for any of its services; (2) Coerce an applicant into accepting employment by applying or using duress, undue i…

13 NCAC 17 .0111 PENALTY Any fine levied pursuant to G.S. 95-47.9(d) shall be in the amount of two hundred and fifty dollars ($250.00). History Note: Authority G.S. 95-47.9; Eff. February 27, 1995; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest…

SECTION .0200 - GENERAL PROVISIONS 13 NCAC 17 .0201 ACCEPTING FEES FROM APPLICANT AND EMPLOYER If a private personnel service accepts a fee in a single placement from both an applicant and an employer it shall disclose that fact and the fact that it does not represent the applica…

13 NCAC 17 .0202 ACTIVITIES OF BUSINESS CONSIDERED TO BE A PRIVATE PERSONNEL SERVICE (a) A business that engages in the activities below, and is not covered by G.S. 95-47.1(16)a (16)f; shall be considered to be a private personnel service if it: (1) operates in North Carolina; (2…

13 NCAC 17 .0203 RESERVED FOR FUTURE CODIFICATION

13 NCAC 17 .0204 REVIEW OF LICENSEE'S RECORDS In matters relating to complaints, licensure and re-licensure, the license applicant or private personnel service shall permit the Commissioner to inspect records required by G.S. 95, Article 5A and the rules in this Chapter. History …

13 NCAC 17 .0205 DISCLOSURE OF FINANCIAL RELATIONSHIPS Unless clearly disclosed in writing in advance, the private personnel service shall not, directly or indirectly, receive a fee from a collection agency (as defined in G.S. 58-70-15) or a loan agency (as defined in G.S. 105-88…

CHAPTER 19 – rETALIATORY EMPLOYMENT DISCRIMINATION SECTION .0100 - GENERAL PROVISIONS 13 NCAC 19 .0101 Retaliatory Employment Discrimination Bureau The main office of the Retaliatory Employment Discrimination Bureau, which administers the provisions of Article 21 of G.S. 95, the …

13 NCAC 19 .0102 FORMS Copies of current forms used by the Retaliatory Employment Discrimination Bureau are available from the Raleigh office. History Note: Authority G.S. 95-245; Eff. April 1, 1999; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public intere…

SECTION .0200 – DEFINITIONS 13 NCAC 19 .0201 DEFINITIONS The following definitions are applicable throughout this Chapter: (1) "Complainant" is a person allegedly aggrieved by a violation of G.S. 95-241, who files a written complaint with the Retaliatory Employment Discrimination…

SECTION .0300 - INITIATION OF COMPLAINTS 13 NCAC 19 .0301 CONTENTS OF COMPLAINT (a) A complaint filed by or on behalf of a complainant must contain the following information: (1) Name and address of the complainant; (2) Name and address of the respondent, or other information whi…

13 NCAC 19 .0302 FILING OF COMPLAINTS (a) A complaint is filed when it is received by the Retaliatory Employment Discrimination Bureau. The complaint, faxed complaint, amendments, written authorizations, and faxed authorizations must be received by the Retaliatory Employment Disc…

SECTION .0400 - CONDUCT OF INVESTIGATIONS 13 NCAC 19 .0401 INVESTIGATION (a) The Commissioner may, in addition to other actions, interview witnesses, examine and obtain copies of documents, and visit workplaces in determining whether or not there is reasonable cause to believe th…

13 NCAC 19 .0402 INTERVIEWS (a) All witnesses shall be interviewed in private, except as provided in Paragraphs (b) and (c) of this Rule. (b) Witnesses may be accompanied by their own attorney, representative, or interpreter. (c) Witnesses whose statements can legally bind a resp…

SECTION .0500 - RIGHT-TO-SUE LETTERS 13 NCAC 19 .0501 RIGHT-TO-SUE LETTERS A right-to-sue letter may be requested by the complainant after a determination of reasonable cause to believe that the allegations of the complaint are true and notice of conciliation failure. The request…

13 NCAC 19 .0502 REQUESTS FOR RIGHT-TO-SUE LETTERS History Note: Authority G.S. 95-245; Eff. April 1, 1999; Expired Eff. August 1, 2018 pursuant to G.S. 150B-21.3A.

SECTION .0600 - CLOSING OF CASES 13 NCAC 19 .0601 ADMINISTRATIVE CLOSINGS A complaint may be administratively closed without investigation if it does not contain the information specified in Rule .0301 of this Chapter. In the event that the case is administratively closed, the in…

13 NCAC 19 .0602 WITHDRAWALS The complainant may withdraw the complaint, in writing, at any time prior to the Department's determination that there is reasonable cause to believe that the allegations of the complaint are true. History Note: Authority G.S. 95-245; Eff. April 1, 19…

13 NCAC 19 .0603 RIGHT-TO-SUE DISMISSALS Complaints may be dismissed and a right-to-sue letter issued for the following reasons: (1) Insufficient evidence to support the allegations of the complaint; or (2) Complainant's failure to cooperate during the investigation. History Note…

13 NCAC 19 .0604 RIGHT-TO-SUE CLOSURE Upon the issuance of a right-to-sue letter, the Commissioner shall close the case file. History Note: Authority G.S. 95-245; Eff. April 1, 1999; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, …

13 NCAC 19 .0605 SETTLEMENTS Upon settlement of the case and compliance with the terms of any approved settlement agreement, the Commissioner shall close the case file. History Note: Authority G.S. 95-245; Eff. April 1, 1999; Pursuant to G.S. 150B-21.3A, rule is necessary without…

SECTION .0700 - SETTLEMENTS AND LITIGATION 13 NCAC 19 .0701 SETTLEMENT Except in those cases where the complaint has been withdrawn, or a right-to-sue letter has been issued, the Commissioner shall be a party to all settlements of complaints filed with the Commissioner pursuant t…

13 NCAC 19 .0702 LITIGATION In determining whether to file a civil action or issue a right-to-sue letter, the Commissioner shall consider the interests of both the public and the individual complainant. If the Commissioner elects to file a civil action, the Commissioner shall con…

section .0100 - DEFINITIONS 13 NCAC 20 .0101 DEFINITIONS As used in G.S. 95, Article 20 and this Chapter: (1) "All actions" means procedures performed on the sample to detect, identify, or measure controlled substances. Examples include, but are not limited to, "examinations and …

SECTION .0200 - GENERAL PROVISIONS 13 NCAC 20 .0201 COMPUTING TIME PERIODS In computing any period of time described in G.S. 95, Article 20 or this Chapter, the day of the triggering act or event shall not be counted. If the last day of the period falls on a Saturday, Sunday or a…

13 NCAC 20 .0202 APPLICABILITY The provisions of G.S. 95, Article 20 and this Chapter regarding the collection and handling of samples apply whenever an on-site screening test is performed. History Note: Authority G.S. 95-232; 95-234; Eff. April 1, 2001; Pursuant to G.S. 150B-21.…

13 NCAC 20 .0203 CONFIRMATION OF SAMPLES For confirmation of positive results or for retesting of confirmed positive results, the approved laboratory shall use gas chromatography with mass spectrometry (GC/MS) or the examiner shall bear the burden of proof to show that the substi…

SECTION .0300 - USE OF CONTRACTORS 13 NCAC 20 .0301 EXAMINER OPTIONS In collecting and transporting the sample to the approved laboratory, the examiner may: (1) Collect and transport the sample itself; or (2) Send the examinee to the approved laboratory for the collection; or (3)…

13 NCAC 20 .0304 CONTRACTOR PROCEDURES If the examiner contracts with a third party for collection, screening, or confirmation testing, the examiner shall ensure that the contractor's procedures comply with requirements of G.S. 95, Article 20 and this Chapter. Compliance with the…

13 NCAC 20 .0305 LABORATORY INSTRUCTIONS The examiner shall follow procedural instructions of the approved laboratory regarding the controlled substance examination, unless the examiner follows equally reliable procedures which it has previously adopted in writing. The examiner s…